DISTRICT PRIMARY SCHOOL COUNCIL WB Vs. MRITUNJOY DAS

JUDGEMENT

(1.) Leave granted.

(2.) As the facts and the legal issues arising for our consideration in both these appeals are similar, we propose to dispose of both these appeals by this common judgment and order.

(3.) The contesting respondents herein got themselves admitted for a training course, for obtaining the Primary Teachers' Training Institute certificate, which is pre-requisite and mandatory in order to get appointment as Assistant Teacher in primary schools in West Bengal. The contesting respondents herein obtained certificates after completing their training course. Thereafter, Page 1 of 6they also submitted their candidature for such appointment as Assistant Teacher in primary school in which they were selected and were consequently appointed as teachers. However, subsequently, it was found that they had taken admission in the aforesaid training course for Primary Teachers' Training Institute Certificate by inflating their marks. It is pointed out that in the said institute, where they got admission for undergoing training, the minimum marks that one had to obtain for admission in that particular year was 600. Both the contesting respondents inflated their marks. In one case, it was 621 as against 430 marks actually obtained and in the other case, it was 614 as against actual obtained marks of 425. After the aforesaid fact came to light, the appellant herein issued show cause notice to the contesting respondents and the contesting respondents were also called for a personal hearing. However, none of the contesting respondents availed the opportunity of personal hearing given to them despite the fact they submitted their replies to the show cause notices. The appellant thereafter passed orders dismissing the contesting respondents from service.